FCA Policy Briefing for COP7: Tobacco Control in Trade and Investment Agreements

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09 Nov 2016

Key Recommendations

COP7, at the minimum, should acknowledge that

Discussion of the FCTC in trade and investment negotiations (as done in the TPPA) is a step in the right direction, if not considered a “best practice”.

Parties that manage to explicitly protect their ability to implement the WHO FCTC within the text of trade and investment agreements should be lauded and emulated.

If COP7 intends to set a standard in this area, it should adopt a Decision requesting Parties ensure, on their own or in co-operation with other Parties, including regional trade blocs, that measures taken in furtherance of the WHO FCTC are fully protected when negotiating and signing trade and investment agreements.

COP should explore a mechanism to formalize the process for the FCTC Secretariat to intervene on the health science elements of tobacco control measures that are challenged under trade and investment regimes.

The FCTC Secretariat should also explore ways to engage the FCTC dispute provisions under Article 27, or alternative means of providing a forum under Article 23.5, to allow parties to engage other parties that facilitate industry interference in trade or investment fora.

WHO, the Secretariat and other development partners should seek to raise funding to address awareness, conduct capacity building, and support Parties which are moving in the direction stated above. Such efforts not only potentially expand or retain another Parties’ regulatory space for tobacco control in the face of serious tobacco industry challenges, but will also provide global prominence to the FCTC.

COP7 should also request that the Secretariat monitor industry interference at WTO and other trade institutions.